[34] The Tribunal withholds the issuance of its Final Order contingent upon the receipt and approval of the Official Plan Amendment and Zoning By-law Amendment in their final form and confirmation from the Solicitor for the City of Toronto, the Solicitor for the Hospital for Sick Children, and the Solicitor for the Toronto Community Housing Corporation, as applicable, of the following pre-requisite matters:
- a) The final form and content of the Official Plan Amendment and Zoning By-law Amendment submitted to the Tribunal for approval is satisfactory to the City Solicitor, the Chief Planner and Executive Director of City Planning, the Hospital for Sick Children, and the Toronto Community Housing Corporation;
- b) The Owner has entered into Limiting Distance Agreements with the owners of the properties to the north, south and east of the Subject Lands, to the satisfaction of the City Solicitor and Chief Planner and Executive Director, City Planning, and the Toronto Community Housing Corporation;
- c) The Owner has provided confirmation of water, sanitary, and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;
- d) The Owner has entered into a legal agreement binding the owner and successor owners to secure all rental housing related matters, including replacement of existing dwelling rooms and an acceptable Tenant Relocation and Assistance Plan in accordance with the Housing Replacement Terms, in a form satisfactory to the City Solicitor and Chief Planner, and Executive Director, City Planning;
- e) The Owner has provided an Aeronautical Impact Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning, and the Hospital for Sick Children to ensure that the building height and projections of the development conform to applicable requirements, including Zoning By-law 1432-2017 and the Minister’s Zoning Order, Ontario Regulation 10/24, as these instruments may be amended and/or replaced, such that sufficient clearance of the flight path is provided on rooftops, including during construction;
- f) The Owner has provided confirmation that the development will be constructed and maintained in accordance with Tier 1, Toronto Green Standard, and the owner will be encouraged to achieve Tier 2, Toronto Green Standard, or higher, where appropriate, consistent with the performance standards of Toronto Green Standards applicable at the time of the Site Plan Control application;
- g) The Owner has provided an updated wind study to the satisfaction of the Chief Planner and Executive Director, City Planning;
- h) The Owner has provided the City of Toronto and the Ontario Land Tribunal with a withdrawal letter respecting the appeal of Official Plan Amendment No. 453 before the Ontario Land Tribunal, and a withdrawal letter respecting their Party Status in the appeal of Official Plan Amendment No. 82 before the Ontario Land Tribunal; and
- i) The Owner has registered a restriction on title to the Site (Subject Lands) pursuant to section 118 of the Land Titles Act, RSO 1990, c. L. 5, to the satisfaction of the Toronto Community Housing Corporation.
